Food Regulations (SL No. 46, 2014)

NORTHERN TERRITORY OF AUSTRALIA FOOD REGULATIONS As in force at 1 January 2015 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 Part 2 Registration Fee 4 Registration fee ............................................................................... 1 Part 3 Infringement notice offences 5 Infringement notice offence and prescribed amount payable .......... 2 6 When infringement notice may be given .......................................... 2 7 Contents of infringement notice ....................................................... 2 8 Payment by cheque ......................................................................... 3 9 Withdrawal of infringement notice .................................................... 3 10 Application of Part ........................................................................... 3 Schedule 1 Registration fee Schedule 2 Infringement notice offences and prescribed amounts ENDNOTES NORTHERN TERRITORY OF AUSTRALIA As in force at 1 January 2015 FOOD REGULATIONS Regulations under the Food Act Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Food Regulations. 2 Commencement These Regulations commence on 1 January 2015. 3 Definitions In these Regulations: infringement notice, see regulation 6. infringement notice offence, see regulation 5(1). prescribed amount, see regulation 5(2). risk classification, see regulation 4(2). Part 2 Registration Fee 4 Registration fee (1) For sections 71(2)(c) and 75(2)(b) of the Act, the prescribed fee is as specified in Schedule 1. (2) For Schedule 1, risk classification means the level of risk assessed by the Agency for a food business using the national priority risk classification system developed by Food Standards Australia New Zealand. Part 3 Infringement notice offences Food Regulations 2 Part 3 Infringement notice offences 5 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in Schedule 2. (2) The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 2. 6 When infringement notice may be given If an authorised officer reasonably believes a person has committed an infringement notice offence, the authorised officer may give a notice (an infringement notice) to the person. 7 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person, if known; (b) the date the infringement notice is given to the person; (c) the date, time and place of the infringement notice offence; (d) a description of the offence; (e) the prescribed amount payable for the offence; (f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act, to whom or to which the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency; Part 3 Infringement notice offences Food Regulations 3 (c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act, including (but not limited to) action for the following: (i) suspending the person's licence to drive; (ii) seizing personal property of the person; (iii) deducting an amount from the person's wages or salary; (iv) registering a statutory charge on land owned by the person; (v) making a community work order for the person and imprisonment of the person if the person breaches the order. (3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b). 8 Payment by cheque If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation. 9 Withdrawal of infringement notice (1) The Chief Health Officer may withdraw the infringement notice by written notice given to the person. (2) The notice must be given: (a) within 28 days after the infringement notice is given to the person; and (b) before payment of the prescribed amount. 10 Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated. (2) Also, this Part does not: (a) require an infringement notice to be given; or Part 3 Infringement notice offences Food Regulations 4 (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or (c) prevent more than one infringement notice for the same offence being given to a person. (3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices. Schedule 1 Registration fee Food Regulations 5 Schedule 1 Registration fee regulation 4 Risk classification Fee (revenue units) High 180 Medium 90 Low 45 Schedule 2 Infringement notice offences and prescribed amounts Food Regulations 6 Schedule 2 Infringement notice offences and prescribed amounts regulation 5 Provision Prescribed amount (penalty units) for individual for body corporate Food Act section 15(1) and (2) 5 25 section 16(1) and (2) 4 20 section 17(1), (2) and (3) 3 15 section 18(1) 3 15 section 19(1), (2) and (3) 3 15 section 20(1), (2), (3) and (4) 3 15 section 32(4) 3 15 section 46 5 25 section 52(1) 2 10 section 53 2 10 section 70 2 10 section 71(1) 1 5 section 73(3) 2 10 section 75(5) 2 10 section 79(7) 2 10 section 82 1 5 section 83(1) 2 10 section 102 3 15 section 106 1 5 section 107 3 15 ENDNOTES Food Regulations 7 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Food Regulations (SL No. 46, 2014) Notified 24 December 2014 Commenced 1 January 2015 (r 2)